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STATEMENT OF GOVERNOR BOB TAFT REGARDING
THE CLEMENCY REQUEST OF JOHN W. BYRD, JR.
For the third time since becoming Governor, I am faced with the responsibility
of
responding to a clemency request from a death row inmate. There is no more
solemn
duty for a Governor.
I have spent a great deal of time reviewing the case of John W. Byrd, Jr.
I have
reviewed the report and recommendation of the Ohio Parole Board which
recommended against clemency by a vote of 10 to 1. I have reviewed the
arguments
advanced by Mr. Byrd’s legal counsel. I have reviewed and considered many
letters
from individuals who have expressed their views on the death penalty and
the
appropriateness of granting clemency in this case. I have reviewed a detailed
summary of the legal proceedings and consulted with my legal staff. I have
considered
the views of those who will be most impacted by my decision – Mr. Byrd
and his
family, and the family of Mr. Monte Tewksbury, a 40-year old husband and
father of
three (3) children at the time of his murder. Most of all, I have sought
prayerful
guidance in making this decision.
Although Mr. Byrd contends he has no memory of the events surrounding the
commission of this terrible and senseless crime, he nevertheless denies
that he
stabbed Mr. Tewksbury. Eighteen years ago, a jury listened to all the evidence
presented and after observing the demeanor and evaluating the credibility
of all the
witnesses, found Mr. Byrd guilty beyond a reasonable doubt of Aggravated
Murder and
recommended that he be sentenced to death. Mr. Byrd’s conviction and sentence
have been thoroughly reviewed and upheld by our highest state and federal
courts.
Mr. Byrd’s attorneys argue that a significant witness at trial, a jail-house
informant,
fabricated his testimony against John Byrd in exchange for a promise of
parole. A
great many state and federal judges reviewed this argument and found no
credible
evidence that the testimony was fabricated and found no evidence that there
was a
promise of parole.
Mr. Byrd’s attorneys have recently presented two affidavits by co?defendant
John
Brewer (one signed in 1989 and one in 2001) stating that he, not John Byrd,
stabbed
and killed Mr. Tewksbury. This co-defendant is currently serving a life
sentence for his
involvement in this crime. No court has given any credibility to these
purported
confessions. The Ohio Parole Board concluded that these affidavits “lack
any
credibility whatsoever”. Mr. Brewer cannot be retried and the 12?year delay
in bringing
this information forward suggests that even Mr. Byrd’s attorneys did not
view the
confession as credible.
I have also taken into account Mr. Byrd’s conduct since he has been in
prison.
Between 1983 and 1992, John Byrd had twenty (20) major rule violations
including
assaults on other inmates, creating a disturbance, possession of intoxicating
substances, threatening to kill other inmates, attempting to hit other
inmates, verbal
threats to guards, setting items in his cell on fire, and destruction of
state property.
On October 14, 1985, Mr. Byrd and other inmates on death row took two (2)
corrections officers hostage and threatened to kill them. Although the
hostages were
eventually released, Mr. Byrd pled guilty to abduction. Nothing in Mr.
Byrd’s prison
record suggests any serious effort on his part to rehabilitate himself
or to atone for the
crime he committed.
A responsible jury, after hearing all the evidence, determined that Mr.
Byrd stabbed
Mr. Tewksbury and, to date, 23 stages of appeals have affirmed his conviction
and
death sentence. I can find no reasonable or compelling reason to disagree
with these
very thorough evaluations of Mr. Byrd’s case. I find the aggravating circumstances
of
the crime and Mr. Byrd’s subsequent conduct outweigh any mitigating factors
and I
can find no compelling reason to grant clemency in this case. For these
reasons, Mr.
Byrd’s request for clemency is denied.
I pray for the family of John Byrd. I know this decision is not an easy one to accept.
May God bless the family and friends of Monte Tewksbury.
For information, contact Mary Ann Sharkey or Joe Andrews at (614) 644-0957
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